Document Type
Court Filing
Publication Date
7-2-2021
Abstract
Indian Civil Rights/Education Lawsuit
View this and other court documents at Turtle Talk.
Congress’s declared federal policy is “to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children.” 25 U.S.C. § 2000. This federal policy is the touchstone of the federal government’s trust obligation to Indian families and their children. When the BIA (through the BIE) fails to protect the rights of Indian children to “educational opportunities that equal or exceed those for all other students in the United States,” courts have a vital role to play. Yet instead of holding the Bureau to account, the district court declined to reach the merits and enforce Congress’s clear mandate expressed over centuries of statutory enactments that emanate from Treaties and the Constitution. Appellants should not be denied their day in court. The judgment of the district court should be reversed.
Publication Title
The United States District Court for the District of Arizona
Issue
Case: 21-15097
Recommended Citation
Barbara L. Creel, Tierra N. Marks & Randolph H. Barnhouse,
Brief for American Indian Law Scholars as Amicus Curiae, Stephen C., et al v. Bureau of Indian Education, et al.,,
The United States District Court for the District of Arizona
(2021).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/868
Comments
Stephen C., a minor, by Frank C., guardian ad litem, et al., v. Bureau of Indian Education, et al.,
Case No. 3:17-CV-08004-SPL